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Traffic and DUI / DWI Defense

Driving Under the Influence/Driving While Intoxicated

Arizona has some of the toughest DUI laws in the country. There are several levels of DUI charges: Impaired to the Slightest Degree, Regular DUI, Extreme DUI, Aggravated DUI and Super DUI. It may seem like you don't have anything to fight if you were stopped and blew over .08 and arrested for DUI. However, several questions need to be asked:

  • Did the police officer have cause to stop you?
  • Did the officer have cause to ask you to submit to a field sobriety test?
  • Are there other reasons you may not have “passed” a field sobriety test?
  • Did the officer gather all evidence properly?
  • Were all tests administered according to correct procedure?

If you or a loved one have been charged with a DUI, attorney Tyler K. Allen can help. Call 602-456-0545 for a free consultation.

Arizona DUI Penalties: A List of the Mandatory Minimums and Sentence Ranges

In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years of the current arrest.

NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. Counseling, probation, community service, MADD panel, and installation of an Ignition Interlock Device are also likely penalties at sentencing.

Impaired to the Slightest Degree or BAC above .080

    First Offense   Second Offense
Jail:    Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.    Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
         
Fines & Costs:   Approximately $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.   Approximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
         
License:   The MVD will suspend your drivers' license for 90 days. You may be eligible for a work/school permit after the first 30 days of the suspension.   Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.

 

Extreme DUI (BAC .150 - .199)

    First Offense   Second Offense
Jail:    Range of 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.    Range of 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
         
Fines & Costs:   Approximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.   Minimum of approximately $3.750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
         
License:   The MVD will suspend your drivers' license for 90 days. You may be eligible for a work/school permit after the first 30 days of the suspension.   Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.

 

"Super Extreme" DUI (BAC .200 or higher)

    First Offense   Second Offense
Jail:    Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail (this is not a typo!). The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.    180 days flat sentence mandatory (no sentence range)**. That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, presumably leaving another 90 days to be served on a non-consecutive basis.
         
Fines & Costs:   Approximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.   Minimum of aproximately $4,000.00 in fines and costs, plus jail costs (which can add up to around $18,000.00 additional). The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs. Some courts have strict policies against waiving the jail costs, so for a 2nd offense Super Extreme you could end up owing the court in excess of $22,000.00 if you are convicted!
         
License:   The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.   Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.

 

Felony Aggravated DUI

    Class 4
(3RD DUI W/I 7 YEARS OR DUI W/ LICENSE SUSPENDED OR RESTRICTED)		   Class 6
(W/ A CHILD UNDER 15 YEARS OLD IN VEHICLE)
Jail:    4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.    A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
         
Fines & Costs:   Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).   Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
         
License:   Your drivers' license will be revoked for three years.   Your drivers' license will be revoked for three years.